Current through Register Vol. 41, No. 3, September 23, 2024
A.
Manufacturers of consumer products may seek an innovative products exemption in
accordance with the following criteria:
1. The
board will exempt a consumer product from the VOC limits specified in
9VAC5-45-310 A if a manufacturer demonstrates by clear and convincing evidence
that, due to some characteristic of the product formulation, design, delivery
systems or other factors, the use of the product will result in less VOC
emissions as compared to:
a. The VOC
emissions from a representative consumer product that complies with the VOC
limits specified in 9VAC5-45-310 A, or
b. The calculated VOC emissions from a
noncomplying representative product, if the product had been reformulated to
comply with the VOC limits specified in 9VAC5-45-310 A. VOC emissions shall be
calculated using the following equation:
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where:
ER = The VOC emissions from the
noncomplying representative product, had it been reformulated.
ENC = The VOC emissions from the
noncomplying representative product in its current formulation.
VOCSTD = the VOC limit specified
in Table 45-3A.
VOCNC = the VOC content of the
noncomplying product in its current formulation.
If a manufacturer demonstrates that this equation yields
inaccurate results due to some characteristic of the product formulation or
other factors, an alternative method that accurately calculates emissions may
be used upon approval of the board.
2. For the purposes of this subsection,
"representative consumer product" means a consumer product that meets all of
the following criteria:
a. The representative
product shall be subject to the same VOC limit in 9VAC5-45-310 A as the
innovative product;
b. The
representative product shall be of the same product form as the innovative
product unless the innovative product uses a new form that does not exist in
the product category at the time the application is made; and
c. The representative product shall have at
least a similar efficacy as other consumer products in the same product
category based on tests generally accepted for that product category by the
consumer products industry.
3. A manufacturer shall apply in writing to
the board for an exemption claimed under subdivision A 1 of this section. The
application shall include the supporting documentation that demonstrates the
emissions from the innovative product, including the actual physical test
methods used to generate the data and, if necessary, the consumer testing
undertaken to document product usage. In addition, the applicant must provide
the information necessary to enable the board to establish enforceable
conditions for granting the exemption, including the VOC content for the
innovative product and test methods for determining the VOC content.
Information submitted to the board pursuant to this section shall be available
to the public except where the owner makes a showing satisfactory to the board
under 9VAC5-170-60 B that the information meets the criteria in 9VAC5-170-60 C,
in which case the information shall be handled in accordance with the
procedures specified in §§ 10.1-1314 and 10.1-1314.1 of the Air
Pollution Control Law of Virginia.
4. Within 30 days of receipt of the exemption
application, the board will determine whether an application is
complete.
5. Within 90 days after
an application has been deemed complete, the board will determine whether,
under what conditions, and to what extent an exemption from the requirements of
9VAC5-45-310 A will be permitted. The board may extend this time period if
additional time is needed to reach a decision, and additional supporting
documentation may be submitted by the applicant before a decision has been
reached. The board will notify the applicant of the decision in writing and
specify such terms and conditions as are necessary to insure that emissions
from the product will meet the emissions reductions specified in subdivision 1
of this subsection, and that such emissions reductions can be
enforced.
6. In granting an
exemption for a product, the board will establish enforceable conditions. These
conditions shall include the VOC content of the innovative product, dispensing
rates, application rates, and other parameters determined by the board to be
necessary. The board will also specify the test methods for determining
conformance to the conditions established. The test methods shall include
criteria for reproducibility, accuracy, sampling, and laboratory
procedures.
7. For a product for
which an exemption has been granted pursuant to this section, the manufacturer
shall notify the board in writing within 30 days of a change in the product
formulation or recommended product usage directions and shall also notify the
board within 30 days if the manufacturer learns of information that would alter
the emissions estimates submitted to the board in support of the exemption
application.
8. If the VOC limits
specified in 9VAC5-45-310 A are lowered for a product category through a
subsequent rulemaking, all innovative product exemptions granted for products
in the product category, except as provided in this subdivision, shall have no
force and effect as of the effective date of the modified VOC standard. This
subdivision shall not apply to those innovative products that have VOC
emissions less than the applicable lowered VOC limit and for which a written
notification of the product's emissions status versus the lowered VOC limit has
been submitted to and approved by the board at least 60 days before the
effective date of such limits.
9.
If the board believes that a consumer product for which an exemption has been
granted no longer meets the criteria for an innovative product specified in
subdivision 1 of this subsection, the board may modify or revoke the exemption
as necessary to assure that the product will meet these criteria.
B. In granting an
exemption under this section, the board will take into consideration whether
the applicant has been granted an innovative product exemption by CARB. A
manufacturer of consumer products that has been granted an innovative product
exemption by the CARB under the innovative products provisions in Subchapter
8.5, Article 2, Section 94511, or Subchapter 8.5, Article 1, Section 94503.5 of
Title 17 of the California Code of Regulations (see 9VAC5-20-21), may be
exempt from Table 45-3A for the period of time that the CARB innovative
products exemption remains in effect provided that all consumer products within
the CARB innovative products exemption are contained in Table 45-3A. A
manufacturer claiming such an exemption on this basis must submit to the board
a copy of the innovative product exemption decision (i.e., the executive order
), including all conditions established by CARB applicable to the exemption,
and certification that the manufacturer will comply with the CARB innovative
product exemption decision for those products in the areas specified in
9VAC5-45-280 C.
§ 10.1-1308 of the Code of
Virginia.
